Statutory license restricted digital media playback on portable devices

ABSTRACT

Systems and methods are described for, e.g., providing a statutory audio content service on a portable device that complies with the provisions of the Digital Millennium Copyright Act (DMCA). The user can select a playlist subject to DMCA restrictions but cannot access individual items. Content playback, including skipping of content, is restricted to enforce relevant DMCA provisions. Encryption used to implement digital rights management (DRM) may be modified to enforce such content play rules or, alternatively, an additional layer of encryption may be imposed. Limitations on playback are stored along with the playlist structure in a form that is protected against modification. Information logging content playback is maintained in protected form to be uploaded and relayed to the service provider for the purpose of calculating royalty payments.

CROSS-REFERENCE TO RELATED APPLICATIONS

The present application is a continuation and claims the prioritybenefit of U.S. patent application Ser. No. 12/717,108 filed Mar. 3,2010, which is a continuation and claims the priority benefit of U.S.patent application Ser. No. 10/924,009 filed Aug. 23, 2004, thedisclosures of which are incorporated herein by reference.

The present application is related to U.S. patent application Ser. No.10/717,183 and U.S. patent application Ser. No. 10/717,176, now U.S.Pat. No. 8,239,446, both filed on Nov. 19, 2003, the disclosures ofwhich are incorporated herein by reference.

BACKGROUND OF THE INVENTION Field of the Invention

The present invention is related to digital media and more particularly,in certain embodiments, to systems and methods for presenting digitalmedia to a user.

Improvements in processor speed, digital storage capacity, and networkbandwidth have enabled remarkable advances in the consumer audioexperience. Examples of this include the advent of services that allowmusic to be purchased online and maintained on user personal computers,as well as the development of portable MP3 players that allow users tocarry their favorite songs anywhere they are. Audio playback capabilityis also being incorporated into devices such as PDAs and cellphones.Users can populate their MP3 players with songs from their own personalCD library and may also incorporate music purchased from the previouslymentioned online services.

To suitably restrict distribution of content that has been purchasedonline, many current MP3 players incorporate digital rights management(DRM) capabilities. Such content is typically encrypted with a key thatis specific to a particular MP3 player. The user can select theindividual song on the player and, in response, the player will decryptthe selected song using the player-specific key. The content cannot,however, be played on a different player.

A new type of audio content service is now envisioned where a usersubscribes to particular “channels” on his or her personal computer. Thechannel content is periodically refreshed over a distribution network. Aportable player can receive the periodically refreshed content from apersonal computer it docks to, or possibly directly from thedistribution network. The service has the advantage that the user cansimply select the type of content that he or she is interested inwithout the need to identify particular albums and/or songs. The userexperience is much more akin to that of radio. The service is also veryuseful in presenting news and sports information.

This new type of service needs to be accommodated to the rights ofcontent owners. An advantage is that the service can take advantage of alower cost so-called “statutory” content license that is typicallysignificantly less expensive than outright purchase of an unlimitedright to play the song on the user's computer or portable device. By theprovisions of the Digital Millennium Copyright Act, the statutorylicense is available on a per-song basis to streaming music services.

FIG. 12A shows a typical arrangement for DMCA streaming of contentsubject to a statutory license. A central streaming server 1202 storesthe content and provides real-time access over the Internet. Server 1202stores one or more playlists, playlists being ordered sequences ofdigital media content items such as songs. A media content player 1204,such as, e.g., Windows Media Player, Real Player, etc. is running on aclient device such as a personal computer.

Such a statutory license places certain restrictions on content play.For example, there are limitations on how often a song can be repeated,how often songs of a particular album can be repeated, how often songsby a particular artist can be repeated, how long a stream should playbefore repeating, etc. Also, individual sound recordings may not beplayed within one hour of a request by a listener or at a timespecifically designated by the listener. Streaming server 1202 enforcesthese restrictions by structuring its playlists appropriately andlimiting user access to individual songs and information about theordering of playlists. Streaming server 1202 also tracks content play tocalculate the statutory royalty due to the rights holder.

It is desired to make DMCA statutory content available on a portabledevice such as an MP3 player by way of the new audio content servicedescribed above. At the time of playback, the portable device will beentirely under the control of the user and the streaming server will beunable to enforce restrictions in real-time. For example, normally, anMP3 player provides the capability to skip songs, but if this functionis used in an unlimited way, the DMCA restrictions may be violated.Also, to prevent content restrictions from being easily circumvented, itwill be necessary to somehow lock out user access to individual songs.It will further be necessary to securely log which songs have beenplayed and aggregate this information across users for royaltycalculation purposes.

What are needed are systems and methods for providing theabove-described channel-based audio service on a portable device whileassuring that the conditions of a statutory license under the DMCA aremet.

SUMMARY OF THE PRESENTLY CLAIMED INVENTION

Embodiments of the present invention provide systems and methods for,e.g., providing a statutory audio content service on a portable devicethat complies with the provisions of the Digital Millennium CopyrightAct (DMCA). The user can select a playlist subject to DMCA restrictionsbut cannot access individual items. Content playback including skippingof content is restricted to enforce relevant DMCA provisions. Encryptionused to implement digital rights management (DRM) may be modified toenforce such content play rules or, alternatively, an additional layerof encryption may be imposed. Limitations on playback are stored alongwith the playlist structure in a form that is protected againstmodification. Information logging content playback is maintained inprotected form to be uploaded and relayed to the service provider forthe purpose of calculating royalty payments.

Further understanding of the nature and advantages of the inventionsherein may be realized by reference to the remaining portions of thespecification and the attached drawings.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 depicts elements of a computer system according to one embodimentof the present invention.

FIG. 2 depicts elements of a portable electronic device according to oneembodiment of the present invention.

FIG. 3 depicts a physical arrangement of a portable electronic deviceaccording to one embodiment of the present invention.

FIG. 4 depicts a content storage architecture for a portable deviceaccording to one embodiment of the present invention.

FIG. 5A depicts a data structure representing a playlist according toone embodiment of the present invention.

FIG. 5B depicts a data structure representing a log of user activityaccording to one embodiment of the present invention.

FIGS. 6A-6C depict elements of a portable device user interfaceaccording to one embodiment of the present invention.

FIG. 7 is a flowchart describing steps of preparing audio content fortransfer to a portable device according to a first embodiment of thepresent invention.

FIG. 8 is a flowchart describing steps of playing back audio contentaccording to a first embodiment of the present invention.

FIG. 9 is a flowchart describing steps of preparing audio content fortransfer to a portable device according to a second embodiment of thepresent invention.

FIG. 10 is a flowchart describing steps of playing back audio contentaccording to a second embodiment of the present invention.

FIG. 11 is a flowchart describing steps of logging content play on aportable device according to one embodiment of the present invention.

FIG. 12A depicts DMCA streaming from a streaming server according to theprior art.

FIG. 12B depicts the application of a restricted media playback clientaccording to one embodiment of the present invention.

DETAILED DESCRIPTION Introduction

Embodiments of the present invention provide systems and methods forplayback of DMCA statutory content. Such content may be played back onnon-networked media players such as portable media players. A specificapplication to audio media materials and channel-based content isdisclosed but it will be appreciated that other embodiments of thepresent invention will provide a user interface to video materials orother media.

A specific implementation of the present invention to be describedoperates in the context of an audio content distribution service. Userinterfaces of the present invention exploit a variety of systems anddevices. Preferably, an appropriately configured personal computer,referred to herein as a “station,” is used for management andorganization of content, retrieval of content via a network, rightsmanagement and enforcement, recording, etc. Playback of content may bedone via either the station or a portable device such as MP3 player,PDA, smartphone, car audio system, etc.

FIG. 1 depicts elements of a representative personal computer 100serving as a station according to one embodiments of the presentinvention. Personal computer 100 may be a laptop computer, desktopcomputer, etc. The various elements are depicted as being interconnectedby a bus 102. However, it will be understood that the actualinterconnections among the various elements of a modern personalcomputer are more complex. Further bus details are not presented becausethey are not germane to the operation of the present invention. Also, itwill be appreciated that various elements may be either inside thecomputer's structure, outside the computer's structure, or implementedby elements both inside and outside the computer body.

Computer 100 incorporates basic elements such as a processor 104, amemory 106, a hard drive 108, and a CD read/write player 110. Processor104 typically executes instructions stored in memory 106. Theinstructions perform the functions of the present invention. Longer termstorage of instructions may be on hard drive 106, on a CD accessedthrough player 110, on other media such as a DVD-ROM, etc. Anotherexample of a computer-readable medium that carries the instructions maybe a signal received over a network, i.e., downloading of software.

Another key role of the various memory and storage devices is to storecontent to be played upon command. For example, audio content may becached on hard drive 108 and loaded into memory 106 while being played.

Computer 100 also includes various elements to interact with the user.There is a display 112, a keyboard/mouse 114, and sound system/speakers116. Display 112 and keyboard/mouse 114 facilitate customization andselection of content. Sound system/speakers 116 allow playing of useraudio content at the station.

Computer 100 can obtain content in many different ways. For example,content may be remotely retrieved from a network via a network interface118. Network interface 118 may incorporate one or more of, e.g., anEthernet interface, DSL modem, cable modem, fiber optic transceiver,wireless modem, etc. Content may also be retrieved from a CD inserted inplayer 110 or from other media inserted in an appropriate peripheraldevice. Audio material may also be captured via a radioreceiver/recorder 120. Radio receiver/recorder 120 may includecapabilities for reception of e.g., conventional or digital AM/FM,conventional or digital shortwave, digital satellite, TV audio, etc. Toameliorate the impact of electromagnetic interference, radioreceiver/recorder 120 is preferably located outside the body of computer100.

Audio content that has been organized and collected on computer 100 mayalso be transferred to another device for more convenient listening.Accordingly, computer 100 is equipped with a synchronization interface122. Via synchronization interface 122, selected audio content may betransferred to another device. Also, user selections such as ratings ofcontent, purchase orders for content, may be transferred back tocomputer 100 for relaying to the content publisher. Synchronizationinterface 122, may be, e.g., a USB interface, wireless interface such asa Bluetooth interface, etc. Synchronization may alternatively occuracross a network by employing network interface 118. For example,synchronization may occur via an IEEE 802.11 network or link, or acrossthe Internet. In one implementation, the transfer of information duringsynchronization is in accordance with the Microsoft Media TransferProtocol (MMTP™). Computer 100 may encrypt content prior to transfer toa portable device to restrict further distribution, and also, accordingto embodiments of the present invention, to enforce content playbackrestrictions as will be explained.

FIG. 2 depicts elements of a representative portable device 200configured to implement embodiments of the present invention. Portabledevice 200 is, e.g., a smartphone, MP3 player, PDA, car audio device,etc. Thus many implementations, although not all, of portable device 200are handheld. Not all of the depicted elements will necessarily be foundin all of the device types. Depicted portable device 200 includes aprocessor 202, a memory 204, a hard drive 206, and a flash memory device208. The various memory and storage devices can store instructions to beexecuted by processor 202 in the course of implementing functions of thepresent invention. Instructions can also be loaded via a network orother link to a computer or other device. Each of the various memorydevices are also usable to store audio content. A portion of theavailable storage is used to store instructions and data related torights management, encryption, playlist and log file authentication,etc. The instructions are typically microprocessor instructions (alsoreferred to as “firmware”). These instructions and data are not readilymodifiable by the user, thereby preventing circumvention of rightsmanagement schemes as described herein.

Software to implement the present invention may operate in the contextof portable device operating system software. Examples of portabledevice operating software include, e.g., the Palm™ OS, Windows Mobile™,various types of Symbian™ operating system such as Series 60™, Series80™, Series 90™, UIQ™, etc. Such operating system software is notnecessary, however, and the invention may find application to lesspowerful devices such as, e.g., portable music players available from,e.g., Creative Labs, Rio, iRiver, Apple, Sony, etc.

Portable device 200 also includes a network/synchronization interface210. Network/synchronization interface 210 may provide a short rangelink to computer 100 via, e.g., a USB connection, a wireless Bluetooth™connection, a wireless 802.11 connection, etc. To implement a longerrange synchronization link, there may be, e.g., a 2.5G or 3G cellularinterface such as, e.g., GPRS, EDGE, CDMA2000, UMTS, 1xEV-DO, 1xEV-DV.These types of wireless interface may also be used to download audiocontent directly from a network.

The user interface features of the present invention exploit a display212 and an input device 214 that can incorporate buttons, dials, atouchscreen, pen-based input, etc. Sounds system/speaker (or headphones)216 play audio content and can also play audio cues for the userinterface.

FIG. 3 depicts a physical arrangement of some of the elements of FIG. 2in a simplified representative portable device 200. Display 212 ispositioned above a series of buttons 302 and a jog dial 304 that form apart of input device 214.

Channels

As has previously been mentioned, a “playlist” is an ordered sequence ofdigital media content. The term “channel” refers to the integration of aplaylist and rules governing under what conditions content of thatplaylist is played back for a user. These conditions may include theDMCA statutory content restrictions and/or other restrictions relevantto the service provider business model. Some channels correspond tomusic genres and sub-genres. Other channels may include radio shows,news materials, etc.

It may be convenient to refer to the current contents of a channel as aplaylist. It will be understood that the playlist may be modified aschannel content is updated.

Portable Device Software Storage Architecture

In a preferred implementation, portable device 200 supports playback ofWindows Media Audio (WMA) 9 format. Portable device 200 also thensupports the Windows Media DRM 10 scheme as specified by Microsoft.Software operating on computer 100 will be able to discover contentrelevant to the audio content service on portable device 200. Thesynchronization process will delete old content before adding newcontent to prevent clutter and avoid the need for the user tospecifically delete content.

Channel content is transferred from computer 100 to portable device 200at time of synchronization. The user specifies which channels are tohave their content transferred upon a synchronization. Memoryconstraints on portable device 200 may, however, lead to certainchannels not being transferred or to paring of channel content prior totransfer.

FIG. 4 depicts data structures used for content storage on portabledevice 200 according to one embodiment of the present invention. Thedata structure arrangement of FIG. 4 is only one example and the presentinvention is able to exploit a wide range of content storage schemes. Aplaylist lineup file 402 holds a list of available channels (playlists)for the audio content service. There is also a log file 404 that trackswhich content has been played and may also log other user interactionssuch as requests for outright purchase of particular content items. Theplayback log information is important in assessing royalty payments thatare due to be made by the service provider to rights holders.Accordingly, log file 404 is maintained in a protected form, as will bediscussed, to assure that it is not corrupted by tampering.

Playlist lineup file 402 points to individual playlist files such as aplaylist file 406 and a playlist file 408. Playlist file 406 is labeledas “Channel1.xme” and identifies music that is available under a DMCAstatutory content license. Playlist file 406 is protected in a specialway as will be discussed. Playlist file 408 is labeled as “Channel2.xml”and identifies content that is subject to conventional digital rightsmanagement but is not subject to DMCA statutory content license rules.

Playlist file 406 points to statutory content files such as files 410(“ABC.srnd”) and 412 (“ABCD.srnd”). Each of these files includes anaudio content item such as a song, encrypted in a special way tofacilitate enforcement of DMCA statutory content license rules. Playlistfile 408 points to non-statutory content files 414 and 416. These files“WXY.wma” and “WXYZ.wma” are conventional .wma files whose encoding andencryption are specified by the Windows DRM 10 scheme. The .srnd filesemploy either a modification of the .wma encryption scheme or an extralayer of encryption.

FIG. 5A depicts further details of a statutory content playlist .xmefile. The individual records are essentially pointers to the .srnd filesof the songs belonging to the playlist. Another field includes rulesthat specify constraints on playing back the content. These may includethe DMCA rules as discussed in further detail below. Other rules thatmay be specified, e.g., prevent the content from being looped more thane.g., 10 times, require deletion of the playlist and associated contentafter a specified elapsed time since the last synchronization, requiredeletion of the playlist and associated content after being looped e.g.,3 times, limit number of skips to e.g., 5 times per hour, requireshuffling of songs in a channel after being looped, e.g., 3 times, etc.The inclusion of playback rules in the playlist file is a very powerfulfeature provided by embodiments of the present invention, allowing theservice provider to flexibly control the user experience to accommodateboth content rights management and the service provider's own businessmodel.

In addition to the rights management encryption described below, thepointer information and rules are preferably encrypted by a suitablemathematical function to form an authentication code to preventtampering with the playlist. In one implementation, the mathematicalfunction is a hash function. This authentication code is maintained in afield of the playlist file. Authentication codes may also be computedfor the individual records.

The playlist file includes two fields that hold key indices thatidentify keys in a key table stored in both station 100 and portabledevice 200. The key indices are used in the following way:

Encryption of the playlist file is based on a bitwise XOR of the filecontents with a scrambling key. The scrambling key is generated from anXOR of 2 distinct keys that are chosen from a key table at random. Thekey table has n (e.g., between 5 and 20) hardcoded base keys. There arethus n*(n−1) possible permutations of the keys. The XOR encryptionscheme is symmetric. Encryption is done just prior to transferring theplaylist file at synchronization.

Decryption is done in real-time when the playlist is selected, and atplayback time. The key indices are retrieved and used to access the keytable to obtain the two relevant base keys. The key table contents arespecific to each portable device type. The key table is “burned into”the portable device at the time of manufacture, e.g., in a ROM. The basekeys are XORed to obtain the scrambling key which is itself XORed withthe playlist contents to decrypt them. The key indices are preceded by aversion field which identifies the version number of the software usedto generate the playlist file.

FIG. 5B depicts elements of a log information (.log) file according toone embodiment of the present invention. The same key table index schemeis used for encryption of the .log file. Authentication of the .log fileis, however, on a per-record basis with each record incorporating anauthentication code which may be a checksum, hash, etc. Theauthentication code is based on the record content and the record offsetwithin the file. The records themselves store information about userinteractions with the audio content service and playback events. Eachrecord includes an Asset ID, an Event ID, and a time stamp. The Asset IDidentifies a particular audio content item. The Event ID records thetype of event being logged, e.g., playback of the audio content item,request for purchase, rating, etc. The time stamp records the time ofthe event.

In the currently discussed implementation, the encryption of the audiocontent items is based on the Windows DRM scheme. The non-statutoryaudio content items are encrypted using a symmetric encryptionalgorithm. The encryption/decryption key is the unique device serialnumber N, typically 16 or 20 bytes. The encryption occurs prior totransferring content to the device, and because of the use of N isspecific to that portable device. The decryption occurs at playbacktime. The decryption process is implemented in firmware (microprocessorinstructions) and is not accessible to the user. Thus the audio contentitem, once encrypted, cannot be played on a different portable devicethan the one for which the item was encrypted.

For statutory content a modified encryption scheme is used. In a firstembodiment, the audio content item is encrypted with a pseudo-deviceserial number N′ using the same algorithm employed by the Windows DRMscheme. N′ is obtained from N using a suitable one-way function. Whenthe audio content item is to be played, a modified one-way function isused to obtain N′ from N. N′ is only returned if the DMCA statutorycontent play rules are satisfied. N′ is then used to decrypt the itemfor playback. If the rules are not satisfied then a NULL value isreturned and decryption does not occur.

User Interface Elements

FIGS. 6A-6C depict displays shown by portable device 200 according toone embodiment of the present invention. FIG. 6A depicts an initial menustructure, showing options such as “play”, “record”, “radio service,”“settings,” etc. By selecting “radio service,” one obtains the list ofchannels shown in FIG. 6B. The channels “DNN News,” “EBC ArkansasToday,” and “Reality Talk” incorporate non-statutory content. Thechannels “Jazz Hits 1990's” and “Rock and Pop Hits” incorporatestatutory content.

Assuming one selects the channel “Jazz Hits 1990's,” the display of FIG.6C results. A first song in the corresponding playlist is being played.Portable device 200 preferably bookmarks the exit point of a channelwhen the user switches to another channel or stops listening for someother reason. Upon re-entry to that channel, the playback should beginat the bookmarked point. For non-music programs, playback begins exactlywhere it left off and for music channels it begins with the next song.

The display of FIG. 6C shows the title of the currently played channel,the artist name (“Louis Armstrong”) of the currently played track, thetitle (“It's a good life”) of the currently played track, the albumtitle (“Greatest Hits”) of the currently played track, and the playposition within the track (“01:23”).

The user can employ an appropriate button or other element of portabledevice 200 to request a skip but as will be explained this capabilitywill be limited. The user can also switch between channels. An importantaspect of the user interface for statutory content, however, is thefunctionality that is left out. The user has no visibility as to theidentity of the audio content items on the playlist other than the onesthat are being played. There is no ability to rewind, skip backward, orfast forward either within an audio content item or across audio contentitems. The ability to skip forward is limited.

The encryption and authentication features of the playlist file assurethat these restrictions are not easily circumvented and that audiocontent items are not individually addressable.

Statutory Content Restrictions

The relevant DMCA statutory license restrictions are as follows:

-   -   1. Specific sound recordings may not be played within one hour        of a request by a listener or at a time specifically designated        by the listener.    -   2. In a three-hour period, no more than three tracks from a        given album may be played.    -   3. In a three-hour period, no more than four tracks by a given        artist or from a boxed set may be played.    -   4. No more than two tracks from a given album may be played        consecutively.    -   5. No more than three tracks by a given artist or from a boxed        set may be played consecutively.    -   6. A channel duration is at least three hours and may not be        fully looped and played again until the user has listened for        three hours.    -   7. A listener should not be aware of the songs contained in the        channel, when the songs will be played or the order in which        they will be played.    -   8. Archived programs (i.e., channels that always starts at the        same place and that allows users to start at any time) must        greater than 5 hours long and should not be available for more        than two weeks at a time. For example, a 30 minute playlist with        a fixed start cannot be made available for repeated play and a 6        hour playlist can be made available for repeated play, but not        indefinitely.

Also, royalties should be paid to the rights holders based on the numberof times their statutory content is played. To exploit the full legalrights for play on a portable device, rule 6 may be replaced by a rulethat permits looping of the channel after 3 hours of elapsed time ratherthan playback time. This adaptation is particularly useful in situationswhere portable device memory limitations restrict storage of a statutorychannel to less than three hours.

In one implementation, rules 1 and 7 are enforced by encryption andauthentication of the playlist contents. Rules 2 through 5 are enforcedby playlist ordering and the DMCA check function performed whendecrypting audio content. Even without appropriate ordering or in a“shuffle” playback mode, the DMCA check function guarantees that theserules are enforced. Rule 6 is enforced by the playlist length and theDMCA check function. For playlists to which it applies, rule 8 isenforced by specifying within the playlist rule field that the playlist(although not necessarily individual content items) is to be deletedafter two weeks. The deletion can be invoked as a result of applying theDMCA check function.

One embodiment of the present invention provides dynamic DMCAenforcement. Before playing a statutory audio content item, the DMCAcheck function is invoked. The DMCA check function involves consulting aplayback history to verify whether playing that item would violate anyof the DMCA constraints. Besides being logged in the log file, playbackevents are stored in chronological order separately for each playlist.Two indices are used to point to the head-end and tail-end of the list.Events between the head-end and a point representing three hours in thepast are scanned to verify DMCA compliance. Events between the tail-endand the three hour point are periodically deleted by a clean-upprocedure.

Other rules may be specified in the appropriate field of the playlistfile. For example, when the total playback count of any audio contentitem in the channel exceeds an allowed number, portable device 200 willplayback an audio clip that suggests the user should resynchronize withstation 200 to refresh the channel with new content. Another rule canspecify portable device 200 will stop playing the channel when there hasbeen no synchronization for three or some other number of days. Afurther rule can specify that if every song has been played more than,e.g., ten times, the play of that channel will be stopped. Also, a rulecan specify that content will be deleted after a specified time anddate, such as Jan. 1, 2005 at 11:30 AM.

Other DMCA implementations enforce rules 2 through 5 by essentiallynever allowing skip. Dynamic DMCA has the advantage of allowingunlimited skips, if those skips do not cause the rules to be violated.

Procedures for Encrypting and Playing Content

FIG. 12B depicts statutory content distribution according to oneembodiments of the present invention. Rather than employing a streamingserver as in the prior art, a conventional download server 1252 storeschannel content. The audio content is transferred in a non-streamingdownload to a restricted media playback client 1254. In oneimplementation, restricted media playback client 1254 operates on ahandheld device. Also, a personal computer operating as a staging devicemay serve as a proxy for download server 1252. The transfer torestricted media playback client 1254 thus may be either bysynchronization to the personal computer or by connection to downloadserver 1252 via a network or other link.

FIG. 7 is a flowchart describing steps of transferring content to theportable device according to one embodiment of the present invention. Astep 702 determines wither the audio content item to be played isstatutory or non-statutory. If the content is non-statutory, it isencrypted at step 704 in accordance with the Windows Media DRM procedureusing the device serial number N as a key. If the content is statutory,the previously described pseudo-serial number N′ is used as theencrypting key at step 706. Following either step 704 or step 706, theencrypted audio content item is transferred to portable device 200 aspart of a synchronization event. The synchronization event may occurwhen the portable device is docked to a client or over some type ofnetwork, whether it be a local network or a wide area network.

FIG. 8 is a flowchart describing steps of playing content on a portabledevice where the content has been encrypted according to the techniqueof FIG. 7. A step 802 represents an event that would lead to play of anaudio content item. Examples include a skip request, selection of achannel, or simply completion of play of a previous audio content item.A step 804 tests whether the audio content item to be played isstatutory or non-statutory. If the content is non-statutory, processorcode decrypts the content using N as a decryption key at step 806 andthe audio content item is played at step 808.

If step 804 determines the content to be statutory then, at step 810,processor 210 invokes a function SRND_DMCA_ID using the device serialnumber N as input. The function will return N′ if DMCA compliance rulesare satisfied and NULL otherwise. The DMCA check includes verifyingcompliance with the above-mentioned DMCA rules. The DMCA check thusinvolves consulting a playback history to verify compliance with rulestwo through five and tracking elapsed time within a channel to determinewhen a channel can be looped (rule 6) and when it should be deleted(rule 8). Also, as part of the DMCA check, the relevant playlist ischecked against its authentication code that was included in theplaylist file to assure that there has been no tampering with theplaylist contents. The records of the log file are similarly checked (ormay be checked at some other time). If either the playlist or the logfile has been deleted or tampered with, the DMCA check fails. If DMCAcheck fails for any reason, NULL is returned rather than N′. If a logfile has been impermissibly modified or deleted, all of the statutorycontent may be deleted. These DMCA check steps are implemented bymicroprocessor code such that circumvention is very difficult.

Step 812 tests whether NULL or N′ is returned. If NULL is returned then,at step 814, an error message is displayed or possibly audiblized. IfDMCA check failed because of an illegal ordering of songs, artists, oralbums, then the next item on the playlist is selected for possibleplayback and the DMCA check procedure repeats. If DMCA check failsbecause the content should be deleted, deletion occurs now. If DMCAcheck fails because the content is stale, has been played too often, orthere have been no sufficiently recent synchronization events, the useris cued to resynchronize her device to obtain fresh content. If N′ isreturned, the item is decrypted using N′ as a key at step 816 and playedback at step 818. The playback history information used for DMCA checkis updated as a part of step 818.

FIG. 9 is a flowchart describing an alternative way to transfer content.Non-statutory content is handled in a similar way to that described inreference to FIG. 7 and steps 902, 904, and 906 are essentially similarto steps 702, 704, and 706, respectively, in FIG. 7. In FIG. 9,statutory content is handled by using two layers of encryption. At step908, the audio content item is encrypted in accordance with the WindowsDRM scheme using the portable device serial number N. Then at step 910,a second layer of encryption is applied using a key P. This second layerof encryption is used to enforce the content play restrictions.

FIG. 10 is a flowchart describing steps of using a portable device toplay content that has been encrypted in the way described in connectionto FIG. 9. Steps 1002, 1004, 1006, and 1008 operate in the same way ascomparable steps 802, 804, 806, and 808, respectively, in FIG. 8. Forstatutory content, a step 1010 determines whether the DMCA check passes.If the DMCA check doesn't pass then, at step 1012, the previouslydiscussed consequences of a failed DMCA check follow. If the DMCA checkdoes pass then at step 1014, the first layer of encryption is removedfrom the audio content item by use of the key P. The key P and thedecryption process are maintained at the firmware level to avoiddecryption. Then at step 1016 the DRM encryption is removed using theserial number N as the key, again at the firmware level. At step 1018,the decrypted content is played back for the user. The playback historyinformation is updated to reflect playback of the content in conjunctionwith step 1018.

Procedure for Logging Playback

Another aspect of DMCA compliance is logging content playback andaggregating user playback statistics to assess necessary royaltypayments. FIG. 11 is a flowchart describing steps that occur on portabledevice 200 to support this process in a secure way according to oneembodiment of the present invention. At step 1102, a statutory audiocontent item is played on portable device 200. At step 1104, portabledevice 200 updates its log file to reflect that the content has beenplayed and for how long. This step involves decrypting the log file,adding a new record, and reencrypting the log file. It should again benoted that if the log file is unavailable or the authentication codeindicates tampering the content item will not be played in the firstplace. The record will include an asset ID (found in the .srnd fileheader) identifying the audio content item, an event ID identifying thelogged event as a playback event, and a time stamp indicating the timeof the playback event.

Steps 1102 and 1104 will repeat for every playback event. Then at step1106, the log file is transferred to station 100 at the nextsynchronization. Station 100 can then send the logged information to anappropriate database server, at step 1108, so that statistics can beevaluated and royalty payments can be computed. Preferably, the playbacklog information is anonymized so that individual usage information isunavailable. It is also possible to directly transfer information fromthe portable device to the database server without using station 100 asa staging device. It should also be noted that station 100 and/or thedatabase server can filter out playback events shorter than 30 secondssince royalty payments will not typically be due for these.

Using DMCA Check to Introduce Advertisements and Announcements

Playlists can contain pointers to audio other than songs. This includesadvertisements, announcements, etc.

For example, a DMCA-compliant playlist can include a mixture of songs,announcements, and advertisements as follows:

-   -   [Srnd1, Srnd2, Playlist Ad1, Srnd3, Playlist Ad2, Srnd4,        Announcement List1, Srnd5] where srndn refers to a song,        Playlist Adn refers to an advertisement playlist, and        Announcement List n refers to an announcement playlist.

A representative advertisement playlist would then be structured asfollows:

-   -   Playlist Ad1 [Ad1, Ad2, Ad3, Ad4,]. The rules field would        specify that an advertisement from this playlist would only be        played from 4 PM to 6 PM. A running pointer of played items        should be maintained and playback of the advertisements is        looped when the last advertisement is reached.

Another representative advertisement playlist would be structured asfollows:

-   -   Playlist Ad2 [Ad1, Ad2, Ad3, . . . ]. The rules field here also        specifies a running pointer and looped playback but these        advertisements are only played after 8 PM on Saturday nights.

A representative announcement playlist is as follows.

-   -   Announcement List 1 [Announcement 1, Announcement 2, . . . .]        The rule field for this list specifies that it is only to be        played on Aug. 8, 2004.

The primary playlist, advertisement playlists, and announcementplaylists are established and appropriately encrypted on a server andtransferred to a user station or portable device in any of the wayspreviously described. The playlist rules fields of the advertisement andannouncement playlists include appropriate limitations on contentplayback.

When the original playlist is being played, reference to anadvertisement playlist or announcement playlist causes a redirection tothe referenced playlist to obtain the next item for playback from there.However, these advertisements and announcements are still subject toDMCA check which is used in a special way. For advertisements, duringDMCA check the absolute date and/or time is checked against thepermitted play period, if there is a match then the currently pointedadvertisement is played back. This allows restriction of advertisementsto time contexts where they are relevant. For announcements, during DMCAcheck the date is checked against the date specified by the rules fieldand if there is a match, the announcement is played.

The announcement playlists and advertisement playlists are tailored tothe particular user. For example, they may be customized with referenceto demographic data as available at a server that transfers content tothe station. The announcement playlists and advertisement playlists mayalso be customized based on input from another user such as a friend.For example, another user may request that a birthday greeting beinserted as an announcement. Such requests may be made by, e.g., email,by cellphone SMS, etc. Announcements can include, e.g., jingles,user-recorded messages, user text messages that have been converted tospeech, etc.

The use of pointers to announcement and advertisement playlists providesflexibility. While all users share the same “broadcast playlist,” theadvertisements and announcements can be tailored to specificcharacteristics. No modification or customization of the broadcastplaylists is required. The rules associated with announcement andadvertisement playlists provide flexibility to download the audiocontent to portable devices well in advance of the required playbacktime. A portable device without a network connection can play what seemslike fresh content even when it has not been refreshed recently. Forexample, a birthday greeting may have been loaded up to a month inadvance and will playback on the birthday, as long as the user hasconnected the device to the network at least once within the priormonth.

The announcement and advertisement features are not restricted tostatutory content and apply equally to non-statutory content.Furthermore, in addition to time-based constraints, the DMCA checkfunction can also be used to constrain playback based on location byemploying GPS or other location discovery tools. The announcement andadvertisement features are applicable to both station clients andportable device clients that obtain their content throughsynchronization.

Requesting Content to be Played for Other Users

A friend can also request that a particular song be played back in oneof the user's playlists subject to the usual DMCA restrictions includingthe requirement that specific sound recordings may not be played withinone hour of a request by a listener or at a time specifically designatedby the listener.

Such a request mechanism can be implemented in many ways. For example,Friend1 sends a request to a specified email address at the mediaservice provider. The request indicates a particular song and the emailaddress of a Friend2 for whom the song has been requested. The song isidentified by an asset identifier. Friend2 is identified by an emailaddress.

The asset identifier can be generated in a number of ways. For example:When Friend1 was listening on her portable device she tags a song byclicking on a “Info/Remember Me” button. This user interaction islogged. When synchronizing to the station, the tagged song's name andartist name are displayed by the station for further action by Friend1.The action could be to “purchase” the song or “play” it for my Friend2.Friend1 enters the email address of Friend2 with action specified to“play.” The asset ID is locally available from the playlist or .srndfile header. An email with the necessary information is automaticallygenerated and sent.

Alternatively, Friend1 specifies the song name and the email address ofFriend2 in an email to the media service provider. An automatic softwarefunction will translate the song name requested by email into an assetidentifier. Human intervention occurs when automatic matching fails.

On a periodic basis (e.g., daily), new and refreshed DMCA-compliantplaylists are generated for each channel by a DJ or automatic software.The playlists are broadcast to the relevant playlist subscribers.However, individual playlists may be modified for subscribers for whomcontent has been requested by others. These playlists are modified toinclude the request song and possibly an announcement.

There are a variety of playlist modification mechanisms that can beemployed for this purpose. In one such mechanism, for each subscriber,for each song in the playlist, a check is run through a database to seeif there have been requests for that song for that subscriber. If “yes”,then the playlist is modified/customized for the “requestee” and apointer is placed in the playlist to play an “announcement” before thesong is played. The announcement in this case is another audio asset andis just part of the same playlist. The Announcement says, e.g., “Jillhas requested this song for you—here it is . . . ”. The playlist is thentransferred to the requestee's station or portable device. With thismechanism, the requestee does not hear of the user's request until therequested song is programmed into a channel she subscribes to.

In an alternate playlist modification mechanism, modification of theplaylist results in the actual insertion of the specific song in a DMCAcompliant manner. The requested song along with the announcement isinserted into the broadcast playlist in a DMCA compliant manner. Theplaylist is then transferred to the requestee's station or portabledevice. In this alternate mechanism, the request is likely to be playedsooner since there is no requirement for the requested song to beprogrammed into the channel.

CONCLUSION

It will be appreciated that the statutory audio content service,announcement and advertisement service, and “request for a friend”service that have been presented have many benefits. Statutory audiocontent is now available on portable devices even when those deviceslack network access. Content is transferred to the portable device atrelatively low cost since real-time streaming to the device is not arequirement. The ability to avoid real-time streaming is particularlyadvantageous where there is no constantly available network connectionto the portable device or only a relatively expensive and unreliablewireless connection. Additionally, content may be readily customized fora user and his situation. Such customization may occur by request ofanother user.

It is understood that the examples and embodiments that are describedherein are for illustrative purposes only and that various modificationsand changes in light thereof will be suggested to persons skilled in theart and are to be included within the spirit and purview of thisapplication and scope of the intended claims and their full scope ofequivalents.

What is claimed is:
 1. A method for permitting playback of contentcomprising: retrieving encrypted content at a portable device, whereinthe encrypted content includes a plurality of content types, wherein afirst content type is encrypted using a first encryption scheme and asecond content type is encrypted using a second encryption scheme;determining whether items of encrypted content are of a first or secondcontent type; decrypting the items of the second content type;performing a check to determine that the items of the first content typesatisfy content play rules; decrypting the items of the first contenttype that satisfy the content play rules; and permitting playback of thedecrypted items on the portable device.